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PREAMBLE
DEFINITIONS
PURPOSE
EFFECTIVE DATE
TERMS OF ACCESS
REGISTRATION AND CREATION OF A TRACK
ACCESSIBLE SERVICE
ADVERTISING AND PROMOTION ON THE WEBSITE
HYPERTEXT LINKS
PRICE
LIABILITY OF JOGTHEWEB
LIABILITY OF THE USERS
INTELLECTUAL PROPERTY
EVIDENCE AND RULES ON EVIDENCE
PERSONAL DATA
COOKIES
MODIFICATIONS OF THE TERMS OF USE
INTERNET USAGE RULES
FORCE MAJEURE
GENERAL PROVISIONS

PREAMBLE↑
1. Jogtheweb has developed the website accessible at the URL address http://www.jogtheweb.com/ with which Internet users can create a navigation path between several websites or within the same website by using a system designed by Jogtheweb entitled “track”.
2. To access the Jogtheweb website and benefit from the services offered on it, track-building users first need to accept the Terms of Use.
3. Users hereby represent that they have obtained from Jogtheweb all information necessary relating the services offered and hereby accept these Terms of Use without limitation or qualification.
DEFINITIONS↑
1. For purposes of these Terms of Use the terms below will have the following meaning:
  - “URL address” means a personalized address, e.g. in the form “www.[].com”;
  - “cookies” means small text files stored by the web browser on the hard disk of the website visitor and used to save information on said visitor or his/her navigation on the website;
  - “identifier” means the password and login, associated with an e-mail address, chosen by track-building users when filling out the registration form on the website and designed to identify users for each operation they make on the website;
  - “hypertext link” means a reference mechanism localized or produced by a content (source) allowing to directly access to another content (target) whatever the location on the Internet network;
  - “website” means the service of online communication to the public published by Jogtheweb;
  - “track” means a process allowing to create a navigation path inside or between websites made available to the visiting user by the track-building user from a URL address;
  - “track-building user” means the individual or entity who builds, updates and installs a personalized track;
  - “visiting user” means the individual or entity who views or uses the track of a track-building user or who visits the website www.jogtheweb.com;
  - “user” means both visiting users and track-building users.
PURPOSE↑
1. The purpose of this document is to set forth the terms and conditions under which users may use the website www.jogtheweb.com and the tracks built, updated and viewed from the website.
EFFECTIVE DATE↑
1. These Terms of Use become effective and shall be enforceable from the date on which the track-building user accepts them.
2. The date on which the user clicks to accept them constitutes the undisputable date of conclusion of this agreement between Jogtheweb and the track-building user. Jogtheweb stores that click date.
3. These Terms of Use are entered into for an unlimited period of time. They are applicable to track-building uses as long as they use the website and until they are replaced by new Terms of Use.
4. Track-building users may at any time stop using the services offered on the website; they will however remain liable for any previous use.
5. If the website is not used for a period exceeding one month, Jogtheweb reserves the right to automatically delete the track(s) created by the track-building user. The website is considered as not used when :
  - no track is built; or
  - the existing tracks are not updated; or
  - the tracks are not viewed.
  for the period mentioned above.
6. Where applicable, in case a track-building user does not pay any of the fees due to Jogtheweb and, after having received a notice to pay, still fails to pay within the period stated in said notice, Jogtheweb reserves the right to:
  - definitely suspend the access of the track-building user to its services;
  - sue for payment of its fees, which will be increased by the late penalties set out in Article “Price”.
7. Jogtheweb reserves the right to delete all or part of a track whose content would be in conflict with the terms of Article “Liability of Users”.
8. Lastly, Jogtheweb reserves le right to delete, with immediate effect, all the tracks of a Track-building user who disagrees with new rates according to the procedure described in Article “Price”.
TERMS OF ACCESS↑
1. Any track-building user with an identifier can create a track.
2. When registering on Jogtheweb, the track-building user is granted a unique identifier and a password that are strictly personal.
3. Only registered track-building users are authorized to build a track and update an existing track via their identifier, which shall remain confidential.
4. Any use of a password leads to the irrebuttable presumption that such use of the website services has been made by the person it belongs to.
5. Track-building users undertake to immediately notify Jogtheweb of any theft or disclosure to third parties of their password.
6. Such notification must be sent to Jogtheweb by any means offered by Jogtheweb on its website.
7. Track-building users are exclusively liable for the use made of the tracks they have built or modified with their password as long as they have not requested Jogtheweb to change their password.
REGISTRATION AND CREATION OF A TRACK↑
1. Registration for the website services is made via a microcomputer with an Internet access.
2. A track-building user willing to create a first track needs to provide the information asked on the registration form.
3. The track-building user certifies that the information provided is true and accurate.
4. The registration procedure includes the following steps:
  - step 1: identification procedure where the track-building user indicates his nickname and e-mail address (identifier) and chooses a password of 6 alphanumeric characters minimum. He gives a valid e-mail address, in particular to be able to receive an e-mail confirming his registration. When needed, the user also gives his bank details;
  - step 2: the Track-building user reads these Terms of Use;
  - step 3: the track-building user validates his registration and expresses his will to benefit from the service offered by Jogtheweb by double clicking on the corresponding icon and by checking the box indicating that he accepts the Terms of Use;
  - step 4: the track-building user activates his account by clicking on the link inserted in the e-mail sent by Jogtheweb to confirm his registration. The track-building user is then contractually bound with Jogtheweb. Jogtheweb stores the date on which the Track-building user has confirmed his registration. It is jointly agreed that that date constitutes the undisputable date on which these Terms of Use are concluded.
  - step 5: if the track-building user has chosen the paid option, he agrees to provide Jogtheweb with the following information, according to the method of payment selected: a duly completed and signed direct debit authorization, accompanied by the bank or postal details corresponding to the account to be debited. Such information should be provided within eight days after his registration; otherwise, the access of the track-building user will be cancelled; data on the credit card related to the account that will be monthly debited.
5. At the end of the registration procedure, and where applicable after the receipt by Jogtheweb of the documents indicated in step 5 above, track-building users may build, modify and save their track on the website www.jogtheweb.com.
6. Using a track does not require any download or installation of any specific software or plug in, whether from the track-building user or the visiting user.
7. Users indemnify and hold Jogtheweb harmless from and against any action or claim brought by a third party alleging that a website registration would be illegal under the Terms of Use.
8. Jogtheweb reserves the right to refuse the registration of a track-building user who would not meet the conditions contained in these Terms of Use.
ACCESSIBLE SERVICE↑
1. The website is normally accessible 24x7 to all users. Jogtheweb shall not be liable for any intentional or unintentional discontinuance of the website and its services.
2. Jogtheweb reserves the right to discontinue, temporarily or permanently, the website or the access to one or more services, without notice or compensation, for purposes including, but not limited to, the update, modification or change of the operating methods, servers and accessibility hours.
3. Jogtheweb reserves the right to modify or improve the website and the services it offers as it considers necessary or useful for the proper operation of its website and related services.
ADVERTISING AND PROMOTION ON THE WEBSITE↑
1. According to the option chosen by the track-building user, Jogtheweb reserves the possibility to post advertising or promotional messages on the tracks built.
2. The track-building user is informed that the advertisements posted on the track may have no relation with the websites or contents recorded on the track concerned. In particular, Jogtheweb can post advertisements concerning trademarks, goods or services that may be in competition with those of the websites or pages saved on the track and this shall not grant the track-building user any rights or complaints against Jogtheweb.
HYPERTEXT LINKS↑
1. Jogtheweb reserves the possibility to place hyperlinks on its website giving access to web pages other than those of its websites.
2. Users are expressly informed that the websites they access to via hypertext links do not belong to Jogtheweb.
3. Jogtheweb declines any liability for the content of the information supplied on such websites on the basis of the activation of the hyperlink.
PRICE↑
1. The creation and update of a track from the website by a track-building user may or may not require payment of a fee, according to the option selected by the track-building user.
2. If the track-building user chooses to access the services offered by Jogtheweb for the payment of a fee:
  - he undertakes to pay Jogtheweb a monthly fee of an amount stated in Jogtheweb rates accessible on its website. Payment of such fee is made by direct debit to the bank, postal or card account indicated by the track-building user at the time of his registration on the website;
  - Jogtheweb undertakes not to post advertisement on the track(s) built and updated by the track-building user.
3. Jogtheweb will from time to time update the amount of the fee. Jogtheweb will inform that the amount has changed by sending an e-mail 30 days prior to the effective date of the change.
4. The new fee will apply to the relations between the parties unless the track-building user terminates these Terms of Use by sending an e-mail within 15 days after receipt of the e-mail informing of the new rates.
5. If a fee is not paid, the remaining amounts due will automatically bear interest at the rate of three times the statutory interest rate upon the end of the period stated in Article “Effective Date”.
6. If the track-building user chooses to access the services offered by Jogtheweb for free, he is informed that Jogtheweb reserves the right to post advertisements on the track(s) built and modified by him in the conditions stated in Article “Advertising and Promotion on the Website”.
LIABILITY OF JOGTHEWEB↑
1. Jogtheweb shall not be liable for:
  - the content of the information provided on the websites of the track-building users under the registration on the website, or the choice of the website or pages saved on the tracks;
  - the written or oral comments made by the users;
  - the quality of the service, which is provided “as is”;
  - the disruption of or impossibility to use the website or the tracks;
  - the violation of computer security that may damage the computer resources or data of the user;
  - the infringement of users' rights in general.
LIABILITY OF THE USERS↑
1. Track-building users are liable for the accuracy of the contents they post via tracks.
2. Users are liable for the content of the written or oral comments added on the tracks of the track-building user.
3. Track-building users shall not falsify their identity or the identity of other users.
4. The distribution or exchange via a track of contents that is pornographic, violent, discriminatory, defamatory, xenophobic or contrary to public order and morals and/or third party rights is prohibited.
5. Track-building users undertake to use the website and the track exclusively in compliance with these Terms of Use.
6. Track-building users are exclusively liable for any content they post via a track and that would infringe the intellectual and industrial property rights of a third party.
7. Users shall not hinder the use of the website by the other users, access to the accounts of third users or access to sections of the website with a restricted access.
8. Users shall not interfere with or interrupt the normal operation of the website.
9. Users shall not collect, use or process in any way whatsoever the personal data of other users.
10. Users shall indemnify and hold Jogtheweb harmless from and against any suit, claim, complaint or liability arising out of a violation by the users of the Terms of Use.
INTELLECTUAL PROPERTY↑
1. The elements belonging to Jogtheweb such as, without limitation, the website, trademarks, designs, images, texts, photos, logos, graphic charters, software, search engine, database and more particularly the tracks, are the exclusive property of Jogtheweb.
2. These Terms of Use do not in any manner transfer to users any intellectual property right in the elements belonging to Jogtheweb.
EVIDENCE AND RULES ON EVIDENCE↑
1. The double click made for accepting the contractual documents constitutes an electronic signature which has for the parties the same value as a handwritten signature.
2. The computer logs stored in Jogtheweb's computer systems will be kept in reasonable security conditions and will be considered as evidencing the communications made between the parties.
3. The contractual documents are archived on a reliable and durable medium that may be used as evidence.
PERSONAL DATA↑
1. In accordance with the Data Protection Act dated January 6, 1978, such as amended, the automatic processing of personal data made on the website have been notified to the French data protection agency, the Commission nationale de l'informatique et des libertés (“CNIL”).
2. Users are in particular informed that pursuant to Article 32 of the Data Protection Act dated January 6, 1978, such as amended, the data disclosed by users via the forms present on the website is necessary to answer their request and is intended for the website operator, controller, for administrative and commercial purposes.
3. Users are informed that they have a right to access and rectify their data by writing to the website operator at the following address: Jogtheweb - 2 Avenue André Rombeau - 84500 Bollène - France.
4. Website users shall comply with the provisions of the Data Protection Act, subject to criminal penalties. In particular they shall not collect or misuse the personal data they may access to or generally infringe the privacy or reputation of the persons.
5. Unless otherwise instructed, user also authorize Jogtheweb to disclose their personal data to third parties for the operations described in this Article or for commercial or marketing operations via postal means.
6. Lastly, Jogtheweb reserves the right, provided it has received the prior consent of the user, to exploit and disclose to any third parties the personal data of the users for commercial or marketing operations via electronic means.
COOKIES↑
1. Cookies save certain information on the memory of the user's hard disk.
2. Cookies do not contain any confidential information, but they allow to keep in memory the items selected during previous visits on the website, as well as the pages on which users navigated.
3. The user has a right to access, delete and modify the personal data communicated via cookies.
MODIFICATIONS OF THE TERMS OF USE↑
1. Jogtheweb reserves the right to modify these Terms of Use as it may deem necessary or useful.
2. Users are informed by Jogtheweb of the modification of the Terms of Use when visiting the website.
3. The use of the website by users after any such modifications of the Terms of Use constitutes acceptance by users of the new Terms of Use.
4. The Terms of Use posted online on the website prevail over any printed version with a previous date.
INTERNET USAGE RULES↑
1. Users represent that they accept the characteristics and limits of the Internet and in particular acknowledge that:
  - they are aware of the nature of the Internet network and in particular its techniques and response time performances to view, interrogate or transfer data;
  - the data circulating on the Internet are not necessarily protected, including against possible misuse;
  - the communication by the users of their identifiers to third parties and generally of any information considered confidential by the users is made at the users' own risk;
  - it is the responsibility of the users to take any necessary measures to protect t heir own data and/or software from any virus on the Internet network;
  - data circulating on the Internet may be regulated or protected by a property right.
2. Generally, users are exclusively liable for the data they view, interrogate and transfer on or from the Internet and for the use of the services offered by Jogtheweb and Jogtheweb shall not be held liable for any reason whatsoever.
FORCE MAJEURE↑
1. None of the parties may be held liable toward the other and no indemnity may be requested for the delays or detrimental consequences related to or in connection with events of force majeure.
2. At first, events of force majeure suspend the performance of these Terms of Use.
3. If the parties note that the event of force majeure exceeds three months, these Terms of Use shall automatically be terminated as of right, unless otherwise agreed by the two parties.
4. It is expressly agreed that events of force majeure or fortuitous events shall be those usually accepted under the case law of French courts and tribunals.
GENERAL PROVISIONS↑
1. These Terms of Use are drafted in the French language.
2. THESE TERMS OF USE ARE GOVERNED BY FRENCH LAW. ANY DISPUTE WITH A USER ACTING ON A PROFESSIONAL BASIS AND ARISING OUT OF THEIR INTERPRETATION AND/OR PERFORMANCE SHALL BE REFERRED TO THE COMMERCIAL COURT OF PARIS (TRIBUNAL DE COMMERCE DE PARIS).

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